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Family Law (Superannuation) Regulations 2025
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Turn the raw legal text into a practical explanation grounded in Family Law (Superannuation) Regulations 2025.
(1) For the purposes of paragraph 119(1)(h), the growth phase information for the superannuation interest is as follows: (a) the member’s accrued benefit multiple, as defined in the governing rules of the plan, at the appropriate date; (b) the salary figure on which any benefit payable in respect of the interest would be based, at the appropriate date; (c) unless the interest is in a constitutionally protected fund—the amount (if any) that was stated to be the surcharge debt of the member in the most recent member information statement for the member spouse provided to the member before the appropriate date; (d) if the interest is in a regulated superannuation fund or an RSA: (i) the amount of restricted non‑preserved benefits that had accrued to the member, and would be payable to the member, if the member were to resign from the member’s employment on the date when the information is provided; and (ii) the amount (if any) of the member’s unrestricted non‑preserved benefits; (e) if: (i) a payment that would have been a superannuation lump sum (within the meaning of the Income Tax Assessment Act 1997) had been made in respect of the interest at the date when the information is provided; and (ii) the amount of the payment had been the amount payable to the member if the member had voluntarily ceased to be a member of the plan; the value: (iii) that each of the components of the superannuation lump sum would have had under Subdivision 307‑C of that Act; and (iv) that each of the elements of the taxable component would have had under Subdivision 307‑E of that Act (if applicable); (f) if the trustee has given information under Division 2.5 of the SIS Regulations to each member of the plan that the plan is to be reconstructed or terminated—a statement to this effect; (g) if the application for information specifically requests the trustee to provide it and the trustee chooses to do so—the gross value of the interest at the appropriate date, determined in accordance with a method or factors approved by the Minister under section 62.
Note: The trustee is not required to provide the information mentioned in paragraph (c) unless a record of it is in the trustee’s possession, power or control (see paragraph 125(1)(b)).
(2) If: (a) paragraph (1)(g) applies to the application for information about the superannuation interest; and (b) the trustee, in response to the application: (i) provides the gross value of the interest at the appropriate date, determined in accordance with a method or factors approved by the Minister under section 62; but (ii) does not provide sufficient information to enable the applicant to check whether that gross value of the interest has been correctly determined in accordance with the approved method or factors; and (c) the applicant makes a further application that complies with subsection 90XZB(3) or 90YZR(3) of the Act for specific underlying valuation information for the interest; then, for the purposes of subsection 90XZB(3) or 90YZR(3) of the Act, that specific underlying valuation information is information that must be provided by the trustee in response to the further application within a reasonable time.
Note: For paragraph (c), section 90XZB or 90YZR of the Act does not prevent the applicant from making further applications, that comply with that section, for information about the superannuation interest.
(3) However, subsection (2) does not apply to any specific underlying valuation information of the kind mentioned in paragraph (1)(a) or (b) unless a record of that information is in the trustee’s possession, power or control. (4) Subsection 140(2) applies to specific underlying valuation information provided by the trustee to the applicant under subsection (2) of this section.